Tuesday, June 25, 2024
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Zakaah eligibility and heelah to make someone eligible

Fatwaa ID: 2241

Question:
Asslamu alaikum mufti sahab.
Is it correct that we can’t give our zakaat to someone who has cash or any other assets equal to approximately 612 grams of silver?

If someone has only cash amount which is less than the price of 612 something grams silver so how much more zakaat can be given to that person? Can we give him any amount or only that much which will result (including the one he already owns)in total equals to 612 grams of silver?

If that person wants to start a small business, is he allowed to give his money to his father as a gift in order to receive more zakaat money and than his father can return it to him once he receives the zakaat, is it a right حيلة according to shariah? Will our zakaat be valid if we give it to him considering the hila mentioned here? Jazakallah khair.

Answer:
In the Name of Allaah, the Most Gracious, the Most Merciful.
As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.

  1. A person will be eligible to receive zakaah if his zakaatable assets and non-essential wealth together are valued at less than the nisaab amount. If both together are valued to be more than the nisaab amount, then he will not eligible to receive zakaah. Zakaah cannot be given to him.
  2. There are two nisaabs, gold and silver nisaabs. Generally, the silver nisaab is adopted but the gold nisaab may be adopted in North America and similar places. See the footnotes for today’s nisaab rates.
  3. The jurists advise that it is unadvisable to give an eligible person so much zakaah funds that he now possesses the nisaab amount in zakaatable assets unless there is need or valid reason for that. Nonetheless, any amount given to an eligible recipient will be valid.
  4. You cannot fool and trick Allaah Ta’aala. If a person is not eligible, then he should consider other methods such as an interest-free loan. Depending on the country or situation, he may consider adopting the gold nisaab. Nonetheless, the “heelah” in question will not be permissible. You cannot gift someone something with the condition that it must be returned. A gift must be unconditional.

And Allaah Ta’aala knows best.
Mufti Muajul I. Chowdhury
Darul Iftaa New York
https://askthemufti.us/

09/10/1445 AH – 03/21/2024 CE | AML1-9948

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين


Gold Nisaab: $5843.66 USD | $7888.94 CAD
Silver Nisaab: $465.39 USD | $628.28 CAD

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